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(영문) 인천지방법원 부천지원 2018.08.17 2017고단2745

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

In full view of the evidence duly adopted and examined by this court, part of the facts charged is revised or specified to the extent that it does not hinder the exercise of the defendant's right to defense.

On November 27, 2012, the Defendant is in charge of the sale of hospital and pharmacy as a general director of C in the office of the Co., Ltd., Ltd., which is located in B 3th floor in Bupyeong-si, Bupyeong-si, 2012.

At the end of January 2013 or at the beginning of February 2013, the president of the E Hospital would open a new hospital at B 2 and 3 floors.

A false statement was made to the effect that the Party itself can operate a pharmacy exclusively in B 1st floor G G, which changed KRW 100 million into a premium.

However, in fact, the Defendant did not have the right to receive premium for a pharmacy which enters B personally, and the E hospital was already closed on August 21, 2012, and was the president of the above hospital.

F) Around November 201, 201, F attempted to take over B 18 billion won to open “H hospital” in B, but was unable to pay most of the above F’s personal debt, excluding around 1.2 billion won, and therefore, F was unable to open a hospital in B until February 2013, and was already concluded a lease contract with other pharmacists, such as I and J, with respect to the above 1st floor G around November 2012. Thus, even if the Defendant received money in the name of the premium from the injured party, the Defendant did not have any intention or ability to allow the injured party to operate a pharmacy exclusively from February 2013 to the above 1st floor G.

As above, the Defendant, by deceiving the victim as above, received a total of KRW 60 million, including the sum of KRW 10 million on November 27, 2012, and KRW 50 million on November 30, 2012, from the K bank account (Account Number L) designated by the Defendant for the purpose of operating the pharmacy from the victim.

Summary of Evidence

1. Each legal statement of the witness D, M, N, andO;

1. Prosecutions against the Defendant.